The Combate Americas MMA promotion is again looking for a way to have a lawsuit filed against them from Jose Alberto Rodriguez, known as Alberto Del Rio and Alberto El Patron, to be dismissed.
The former WWE star filed a lawsuit against them for breach of contract as well as unjust enrichment, and conversion for not turning over his social media accounts. This past October, the promotion filed a motion to dismiss the lawsuit because they felt the lawsuit featured a “lack of subject matter jurisdiction and for failure to state a claim.”
PWinsider.com reported today that another motion to get it dismissed was filed on January 4th because they argued that Del Rio’s side “failed to state a cause upon which relief can be granted in regard to his claims and that he cannot even meet the burden of proof to show he has proper standing to even file the lawsuit, because he’s not actually owed any money and they have paid him in full.”
Combate also claimed that his 2017 contract was not extended as he states and showed proof that the deal was determined in July of that year. However, it did state the two sides worked via a “gentleman’s agreement” between November 2017 and February 2019.
Del Rio claimed in the lawsuit he was owed $250,000 for his December 2019 MMA fight against Tito Ortiz and alleged in the lawsuit that the promotion ignored invoices for payment and that they owe him $250,000. He also wants at least $26,250.00 in interest, plaintiffs’ costs and reasonable attorney’s fees, the return of his social media accounts, and further relief.
What is being disputed is whether Patron received the entirety of the $750,000. Combate cited they paid him “two separate payments of $250,000.00 on January 24, 2020 and $250,000.00 on February 6, 2020. “Prior to that, Defendant CA, LLC paid Plaintiffs an additional Two Hundred Fifty Thousand Dollars ($250,000.00) in twenty (20) bi-weekly increments of Twelve Thousand Five Hundred Dollars ($12,500.00) between the dates of March 14, 2019 and December 29, 2019 as proven by the attached Accounting Statement.”
They also showed payments to him over the course of their working relationship after the deal was terminated in July 2017.